National Credit Union Administration Board v Kevin Allen, Washington County Case No 12 FR 341
Feb 28, 2013OUTCOME: Foreclosure dismissed.
Motion to dismiss and reply brief filed.
Beachwood, OH
Foreclosure Lawyer at Beachwood, OH
Practice Areas: Foreclosure, Appeals ... +3 more
OUTCOME: Foreclosure dismissed.
Motion to dismiss and reply brief filed.
OUTCOME: Judgment vacated and foreclosure dismissed
Filed a motion to vacate the judgment of foreclosure. A hearing was held on the motion to vacate and the Court issued the following journal entry: HEARING HELD ON DEFENDANT'S MOTION FOR RELIEF FROM JU ... DGMENT. COUNSEL FOR PLAINTIFF, COUNSEL AND CO-COUNSEL FOR MS. FERGUSON, AND MS. FERGUSON APPEARED. ATTORNEY DOBERDRUK PRESENTED ARGUMENT IN SUPPORT OF THE MOTION FOR RELIEF FROM JUDGMENT. IN RESPONSE, ATTORNEY MANDRYCK PRESENTED THE ORIGINAL NOTE TO THE COURT, AND OPPOSING COUNSEL, FOR INSPECTION. THE ORIGINAL NOTE CONTAINS A BLANK ENDORSEMENT FROM BANK ONE, N.A., IN STARK CONTRAST TO THE SPECIAL ENDORSEMENT TO US BANK, N.A. THAT APPEARS ON THE COPY OF THE NOTE ATTACHED TO PLAINTIFF'S COMPLAINT (AND THAT APPEARS IN PRIOR FILED CASES). ATTORNEY DANN INDICATED THAT HIS CLIENT, THOUGH UNEMPLOYED, HAS SUFFICIENT RESOURCES AVAILABLE TO QUALIFY FOR A LOAN MODIFICATION DESPITE THE AGE OF THE DEBT. TO FACILITATE SETTLEMENT NEGOTIATIONS, THE CASE WILL BE REFERRED TO THE COURT'S FORECLOSURE MEDIATION DEPARTMENT BY SEPARATE ORDER. THE MOTION FOR RELIEF FROM JUDGMENT WILL BE HELD IN ABEYANCE PENDING ATTEMPTS TO NEGOTIATE A SETTLEMENT. THE PARTIES WILL BE GIVEN REASONABLE TIME TO BRIEF THE NEW ISSUE IF THE CASE IS RETURNED TO THE MAGISTRATE UNRESOLVED. NOTICE ISSUED Loan modification offered and client accepted.
OUTCOME: foreclosure dismissed
Filed counterclaims for the homeowner and a modification was offered and accepted
OUTCOME: Loan modification, foreclosure dismissed
Foreclosure mediation
OUTCOME: Foreclosure judgment vacated and foreclosure dismissed in exchange for dismissal of the appeal.
Filed an appeal for the homeowners in the Eleventh District Court of Appeals and after receiving my merit brief the Plaintiff/Appellee agreed to voluntarily vacate the judgment of foreclosure in Lake C ... ounty.
OUTCOME: judgment reversed, foreclosure dismissed
Homeowners appealed the denial of their motion to vacate and dismiss the judgment of foreclosure
OUTCOME: Foreclosure voluntarily dismissed by the Plaintiff
Hired after motion for summary judgment filed against the homeowner. Filed an opposition to the motion for summary judgment on December 7, 2012. Plaintiff voluntarily dismissed the foreclosure.
OUTCOME: homeowner's motion to dismiss amended complaint was granted
Filed a motion to dismiss the foreclosure complaint, Plaintiff obtained leave of court to file an amended complaint and I filed a motion to dismiss the amended complaint because the securitized trust l ... isted in the case caption was not the same as the trust named on the assignment of mortgage.
OUTCOME: Foreclosure voluntarily dismissed by Plaintiff
Filed answer with affirmative defense contesting the foreclosure. Negotiated payment of Hardest Hit Funds to Plaintiff after Plaintiff refused to accept funds. Loan reinstated.
OUTCOME: Modification, foreclosure dismissed
Filed answer and counterclaims. Loan modification offered and accepted. Foreclosure dismissed.